Judge hears arguments on challenge to state's same-sex marriage ban

August 06, 2013|By Ellen Jean Hirst | Tribune reporter

(Tribune illustration)

A Cook County Circuit Court judge heard oral arguments Tuesday on a motion to dismiss a challenge to Illinois' same-sex marriage ban, with attorneys sparring over ideal child-rearing circumstances and gender stereotypes, among other issues.

If Hall decides the case should continue, she will rule later on whether Illinois' same-sex marriage ban is constitutional. Last month, the American Civil Liberties Union of Illinois and the gay rights group Lambda Legal filed a motion for summary judgment after the U.S. Supreme Court knocked down part of the Defense of Marriage Act, giving same-sex couples federal marriage benefits.

The state law is being defended by attorneys with the Thomas More Society — a law firm that opposes same-sex marriage — after Cook County State's Attorney Anita Alvarez last year declined to contest the lawsuit.

The courtroom on the 23rd floor of the Daley Center was standing-room-only, with some same-sex couples sitting on the floor to hear the arguments, which lasted about two hours.

Attorney Paul Linton defended the current state law. He said children raised in homes with a "mother and father to whom they are biologically related" have more stable and constructive upbringings.

Plaintiffs' attorneys said Linton's argument was based on gender stereotypes and not supported by research.

"They have not accepted well-pled arguments," said Camilla Taylor, a senior staff attorney with Lambda Legal who said recent studies indicate that children raised by same-sex couples fared just as well as those raised by heterosexual couples.

Linton said same-sex couples living in Illinois could go to Iowa or another state to marry, securing federal benefits even if they moved back to the state.

But Taylor said that isn't true for James Darby, an 81-year-old Korean War veteran and Chicagoan who hopes to someday marry his partner of 50 years, Patrick Bova, 75.

"The veterans benefit (for Darby and Bova) is a statute that turns upon whether you are validly married in the state where you live," Taylor said. "It doesn't matter if Jim and Patrick ... go to Iowa and marry and come back. They will still be ineligible for veterans benefits."

After court was dismissed, Suzie Hutton, of Bloomington, said she wants to marry in Illinois out of principle.

"I'm very proud to be an Illinoisan," Hutton said. "And I want the state of Illinois to say we offer marriage to all of our citizens."

Linton said he thought the hearing went smoothly.

"She was obviously following the arguments very closely. She seemed very interested in the arguments," Linton said of the judge.

Taylor also said she felt confident that the judge will fully consider both arguments.

"This case is ultimately about whether this case gets to move forward," Taylor said. "The other side has cited very little authority that is at all relevant today. So it was a good day."